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We had a friend of ours who is Panamanian born and moved to Mexico to finish Dental school and was there for 15 years total. We were talking about our desire to adopt a sibling group and he told us that it was not uncommon for people to go to an orphanage in Mexico and adopt there on the spot (it would take a week or two) and then head for the consulate get the IR3 visa and then head home. The net cost would be significantly less than going through the adoption agencies here - he's talking cost of a few thousand instead of the massive dollar amounts the agencies talk about. Does anyone know anything about this? We're interested and want to learn more, but we also don't want to do anything that will cause us a problem down the road or be unethical.
Thanks!
Darin
I think your friend is mistaken. Even if you live in Mexico for an extended time (some quote residency requirements for Mexico adoptions of 6 months or more), it is simply not that easy. Mexico has a Central Adoption authority responsible for handling international adoptions and since you are US citizens (I'm assuming) you have to get permission from the US government and a homestudy done first. Your adoption will then have to be processed through their Central Authority and that is a lengthy process. I can't imagine that you can just go to an orphanage, pick a baby and be home in two weeks without significant bribes and irregularities going on.
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I experienced something like that in El Salvador, and your friend is halfway correct. It is possible to adopt a baby in a foreign country following their laws, BUT that baby is not considered adopted by the US government and is not eligible to enter the US as your child or to get a US passport. I encountered a US embassy worker who had adopted a child that way in El Salvador, but they could not bring the child back into the US. They were going directly to their next posting in Brazil and hoped they could get a US agency to do a homestudy so they could get her admitted to the US by the time they rotated home.
So, if you are willing and able to leave the US for long periods, it is possible.
A lot of things that happened just a few years ago cannot happen now. For one thing, both the U.S. and Mexico have ratified the Hague Convention on intercountry adoption. NO adoption from Mexico by U.S. citizens can occur outside of the Convention, which specifies a very clear adoption process that is designed to protect children, birthparents, and adoptive parents.
The child will need to qualify for adoption under the national laws of Mexico, as well as under the laws of the Mexican state in which he/she resides. Just because a child is in an orphanage does not mean that he/she qualifies for adoption. The child will also need to qualify for immigration under the U.S. Immigration and Nationality Act and, again, not all children in foreign orphanages will qualify. In addition, the child must meet certain Hague requirements.
The parents will need to have a homestudy that meets the requirements of their state of residence, the USCIS, the Mexican government, and the Hague Convention. This homestudy, among other things, will have to document that the parents have completed certain parent preparation/education requirements, because one of the goals of the Convention is ensuring that parents understand the risks in adoption and the special medical and other challenges facing adopted children.
The parents will need to file the I-800A to get USCIS approval of their suitability to adopt; this is a companion piece to the I-800 that will be filed to approve the child for a visa to enter the U.S.
Under Hague rules, the parents MUST use an American agency or attorney that has Hague accreditation, which is very important. The agency may also need Mexican government accreditation. You can find a list of Hague-accredited agencies on the U.S. State Department website. (The State Department is the U.S. Central Authority for adoption, under the Hague Convention.) You can also find there a list of providers that have sought accreditation, but that have been denied it.
You will need to put together a dossier of documents that must be approved by the Mexican government and the body that it has designated as its Central Authority under the Hague, as well as by local Mexican authorities. Your agency will give you detailed instructions for doing so, and will arrange for it to be delivered to the appropriate parties.
You may NOT choose a child, yourself, or have contact with birthmothers, orphanage directors, etc., prior to referral, as a safeguard against corruption. (Some people have said that there "may" be a workaround for families that have already been caring for a child overseas, but don't count on it. Talk to an agency or lawyer with significant understanding of the Hague Convention, the U.S. Intercountry Adoption Act and its supporting regulations, and Mexican law.) There will be procedures for referring you a child who is legally available for international adoption and who matches the description of the type of child that you requested and for which you have received homestudy approval (e.g., in regard to age, health status or type of special need, and gender). You may, of course, decline a referral for a good reason, but it is up to Mexico and your agency to determine if you will be granted another child.
Once you have accepted a referral, you will need to comply with Mexican requirements regarding completion of the adoption, which may include multiple trips or a residency period. There is a fairly long residency period on the books, but it is sometimes waived by judges. Nowadays, the Mexican authorities "may" be more willing to waive residency requirements, because of the extensive vetting and preparation of the family and other Hague procedures, but there are no guarantees. Your agency can tell you about its recent experience in the Mexican state(s) with which it works.
You will also need to file additional paperwork to get the U.S. government to permit the child to enter the U.S. on a Hague adoption visa.
Be aware that, if you somehow manage to travel to Mexico, acquire a child, and get some official to sign an adoption decree, without going through the Hague process, you will NOT be allowed to bring the child home to the U.S. on an adoption visa. If you are lucky, you "might" be able to bring the child in if you live in Mexico with him/her for two years and apply for him/her to get a regular dependent visa. How you will make the child a U.S. citizen then becomes something you will need to discuss with the USCIS; it won't be automatic.
If you DO follow the Hague procedures, your child will be granted a visa that should allow him/her to become a U.S. citizen as soon as he/she enters the U.S; I say "should", because I'm hearing that even in situations where only one parent travels and meets the child before the final decree of adoption is signed overseas, the child is getting the Hague version of an IR-3. If your child has a Hague adoption, state readoption or recognition will be optional from the U.S. government standpoint; however, some states "may" require it.
I know that you want to save money by adopting independently. However, please understand that, first of all, it will not be possible to do so legally and ethically.
Second, please understand that Mexico used to be considered a very, very high risk country for adoption. There are amazing and heartbreaking stories of families who were bilked out of tens of thousands of dollars by corrupt facilitators and local officials, who received a child whom they could not parent because of his/her profound physical and mental challenges, or who were promised a child (with whom they bonded strongly) who was not legally available for adoption and immigration. sometimes because he/she was bought or kidnapped. The Hague Convention has gone far to improve the safety of Mexican adoptions; the fees may be higher, but many would argue that the increase is extremely well justified.
There are, of course, going to continue to be some risks. There are always going to be unscrupulous people who will try to relieve you of your money, and who will break your heart in the process. But if you use providers who have Hague accreditation, comply with the Hague requirements, and become an expert on Mexican adoption so you can identify any "baloney" that comes your way, you should do just fine.
Finally, please understand that the fees adoption agencies charge are often well justified in terms of the services performed. I can't take the time tonight to go into a lot of explanations, but I'd love to talk with you about agency fees at some point. There are a lot of things you may not have considered.
I wish you success with your adoption.
Sharon
A lot of things that happened just a few years ago cannot happen now. For one thing, both the U.S. and Mexico have ratified the Hague Convention on intercountry adoption. NO from Mexico by U.S. citizens can occur outside of the Convention, which specifies a very clear adoption process that is designed to protect children, birthparents, and adoptive parents.
The child will need to qualify for adoption under the national laws of Mexico, as well as under the laws of the Mexican state in which he/she resides. Just because a child is in an orphanage does not mean that he/she qualifies for adoption. The child will also need to qualify for immigration under the U.S. Immigration and Nationality Act and, again, not all children in foreign orphanages will qualify. In addition, the child must meet certain Hague requirements.
2. The parents will need to have a homestudy that meets the requirements of their state of residence, the USCIS, the Mexican government, and the Hague Convention. This homestudy, among other things, will have to document that the parents have completed certain parent preparation/education requirements.
The parents will need to file the I-800A to get USCIS approval of their suitability to adopt; this is a companion piece to the I-800 that will be filed to approve the child for a visa to enter the U.S.
Under Hague rules, the parents MUST use an American agency or attorney that has Hague accreditation, which is very important. The agency may also need Mexican government accreditation. You can find a list of Hague-accredited agencies on the U.S. State Department website. (The State Department is the U.S. Central Authority for adoption, under the Hague Convention.) You can also find there a list of providers that have sought accreditation, but that have been denied it.
You will need to put together a dossier of documents that must be approved by the Mexican government and the body that it has designated as its Central Authority under the Hague, as well as by local Mexican authorities. Your agency will give you detailed instructions for doing so, and will arrange for it to be delivered to the appropriate parties.
You may NOT choose a child, yourself, or have contact with birthmothers, orphanage directors, etc., prior to referral, as a safeguard against corruption. There will be procedures for referring you a child who is legally available for international adoption and who matches the description of the type of child that you requested and for which you have received homestudy approval (e.g., in regard to age, health status or type of special need, and gender). You may, of course, decline a referral for a good reason, but it is up to Mexico and your agency to determine if you will be granted another child.
Once you have accepted a referral, you will need to comply with Mexican requirements regarding completion of the adoption, which may include multiple trips or a residency period. There is a fairly long residency period on the books, but it is sometimes waived by judges. Nowadays, the Mexican authorities "may" be more willing to waive residency requirements, because of the extensive vetting and preparation of the family and other Hague procedures, but there are no guarantees. Your agency can tell you about its recent experience in the Mexican state(s) with which it works.
You will also need to file additional paperwork to get the U.S. government to permit the child to enter the U.S. on a Hague adoption visa.
Be aware that, if you somehow manage to travel to Mexico, acquire a child, and get some official to sign an adoption decree, without going through the Hague process, you will NOT be allowed to bring the child home to the U.S. on an adoption visa. If you are lucky, you "might" be able to bring the child in if you live in Mexico with him/her for two years and apply for him/her to get a regular dependent visa. How you will make the child a U.S. citizen then becomes something you will need to discuss with the USCIS; it won't be automatic.
If you DO follow the Hague procedures, your child will be granted a visa that should allow him/her to become a U.S. citizen as soon as he/she enters the U.S; I say "should", because I'm hearing that even in situations where only one parent travels and meets the child before the final decree of adoption is signed overseas, the child is getting the Hague version of an IR-3. If your child has a Hague adoption, state readoption or recognition will be optional from the U.S. government standpoint; however, some states "may" require it.
I know that you want to save money by adopting independently. However, please understand that, first of all, it will not be possible to do so legally and ethically.
Second, please understand that Mexico used to be considered a very, very high risk country for adoption. There are amazing and heartbreaking stories of families who were bilked out of tens of thousands of dollars by corrupt facilitators and local officials, who received a child whom they could not parent because of his/her profound physical and mental challenges, or who were promised a child (with whom they bonded strongly) who was not legally available for adoption and immigration. sometimes because he/she was bought or kidnapped. The Hague Convention has gone far to improve the safety of Mexican adoptions; the fees may be higher, but many would argue that the increase is extremely well justified.
There are, of course, going to continue to be some risks. There are always going to be unscrupulous people who will try to relieve you of your money, and who will break your heart in the process. But if you use providers who have Hague accreditation, comply with the Hague requirements, and become an expert on Mexican adoption so you can identify any "baloney" that comes your way, you should do just fine.
Finally, please understand that the fees adoption agencies charge are often well justified in terms of the services performed. I can't take the time tonight to go into a lot of explanations, but I'd love to talk with you about agency fees at some point. There are a lot of things you may not have considered.
I wish you success with your adoption.
Sharon
Thanks for all the responses - public and private - I've got the information that I need.
For those that thought otherwise, we weren't trying to buy a child that met our 'specifications' nor were we trying to do anything unethical. We were just researching options and asking questions. We have nothing against agencies and don't feel that their fees are unjustified. I do appreciate your concern and passionate replies though.
Pax Christi,
Darin
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Please understand that I knew you were not trying to do anything illegal or unethical. Many people simply do not understand the process of international adoption, and why it takes so long and costs so much. Also, some people do not realize how many safeguards have put in place in recent years, to try to protect children, birthparents, and prospective adoptive parents from the child traffickers, con artists, and so on that prey on the most vulnerable members of society.
Sharon
No, have no idea about it
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